Council Minutes - Section E: Common Seal Register - 26 March 2013

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Cr Ansett moved, Cr Macdonald seconded –

That the following documents be signed and sealed by Council.

Carried.

1. Section 173 Agreement between Greater Geelong City Council and Richard John Spork and Helen Wendy Spork for 48 Hedgeley Road, Bell Park

2. Section 173 Agreement between Greater Geelong City Council and Jennifer Olivia Dew for 69 South Valley Road Highton

3. Section 173 Agreement between Greater Geelong City Council and Mara Volarevic for 9 elsie Street, Bell Park

4. Section 173 Agreement between Greater Geelong City Council and L Bisinella Developments Pty Ltd for 206 Bay Shore Avenue, Curlewis

5. Section 173 Agreement between Greater Geelong City Council and L Bisinella Developments Pty Ltd for 60-92 Coriyule Road, Drysdale

6. Section 173 Agreement between Greater Geelong City Council and Paul Stefan Kudilczac and Simone Adele Boer for 21 Pettitt Crescent, Norlane

1. Section 173 Agreement between Greater Geelong City Council and Richard John Spork and Helen Wendy Spork for 48 Hedgeley Road, Bell Park

Officer's Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by for consent to construct a garage over an easement.

The purpose of the Agreement is to protect the interests of the beneficiary (Council) of the easement.

This Agreement has been peer reviewed by one of Council’s panel solicitors.

Owner’s Obligations

The requirement of the land owner to remove any relevant building/structure from the land (at the land owners cost) should the beneficiary of the easement require access to the easement.

Council Obligations

That no form of compensation is payable by Council (beneficiary) to the land owner should it be required to remove the relevant building/structure (over easement) to allow access, or should any damage to the land/structure occur as a result of the accessing of the easement.

2. Section 173 Agreement between Greater Geelong City Council and Jennifer Olivia Dew for 69 South Valley Road Highton

Officer's Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 6b of Planning Permit No. 409/2012 issued on 19 June 2012 which allowed a two lot subdivision.

The purpose of the Agreement is to link the subdivision with the approved development.

This Agreement has been peer reviewed by one of Council’s panel solicitors.

Owner's Oblications

The Owners obligation is to ensure that all development on the land is in accordance with the endorsed plans forming part of planning permit 885/2011 (or any amendment to that permit) or any subsequent planning permit.

Council Obligations

Nil.

3. Section 173 Agreement between Greater Geelong City Council and Mara Volarevic for 9 elsie Street, Bell Park

Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 10 (b) of Planning Permit No. 1177/2012 issued on 20 December 2012 which allowed the construction of two dwellings on the lot and a two lot subdivision.

The purpose of the Agreement is to register on Title that the land must be developed in accordance with the plans endorsed under PP1177/2012, in the event that the development has not been substantially completed prior to the issue of the Statement of Compliance for the subdivision. Before Statement of Compliance is issued, application must be made to the Registrar of Titles to register the Section 173 Agreement on Title to the land under Section 181 of the Act.

This Agreement has been prepared by one of Councils panel solicitors and does not require peer review.

Owner's Oblications

7.1 The Owner agrees that following registration of the plan of subdivision approved by the Planning Permit any development of the Subject Land must accord with the endorsed plans or any subsequent planning permit issued by Council.

Council Obligations

Nil.

4. Section 173 Agreement between Greater Geelong City Council and L Bisinella Developments Pty Ltd for 206 Bay Shore Avenue, Curlewis

Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 40 of Planning Permit No. 1082/2010 issued on 28^th June 2011 which allowed a staged multi-lot subdivision.

The purpose of the Agreement is to allow works in lieu – Griggs Creek Landscaping, Pedestrian Bridge and Foreshore Improvements under the Jetty Road Urban Growth Area Development Contributions plan.

The purpose of the Agreement allows these works to be completed in lieu of payment of the incurred development levies equal to the agreed amount.

Developers in the Jetty Road Urban Growth Area are obligated to pay a development contribution per developable hectare of their property. Constructing items identified in the Development Contributions Plan is a recognised allowable way of paying their Contributions.

This Agreement has been prepared by one of Council’s panel solicitors.

Owner’s Obligations

The Owners obligation is to construct the Pedestrian Bridge to Jetty Road Reserve, complete the Griggs Creek Landscaping on their property and conduct the Foreshore Improvements to the agreed standard.

Council Obligations

Council agrees after the expiry of the maintenance period of 12 months maintenance of works in respect of the Infrastructure Projects becomes the responsibility of council.

5. Section 173 Agreement between Greater Geelong City Council and L Bisinella Developments Pty Ltd for 60-92 Coriyule Road, Drysdale

Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 15 of Planning Permit No. 1178/2010 issued on 13^th April 2011 which allowed a staged multi-lot subdivision.

The purpose of the Agreement is to allow works in lieu and land acquisition of the East West Collector Road under the Jetty Road Urban Growth Area Development Contributions plan.

The purpose of the Agreement allows these works to be completed in lieu of payment of the incurred development levies equal to the agreed amount.

Developers in the Jetty Road Urban Growth Area are obligated to pay a development contribution per developable hectare of their property. Constructing items identified in the Development Contributions Plan is a recognised allowable way of paying their Contributions.

This Agreement has been prepared by one of Council’s panel solicitors.

Owner's Obligations

The Owners obligation is to construct the section of East West Road through their property to collector road standard.

The Owners obligation is to hand over the East West Road Reserve (Land) to Council ownership.

Council Obligations

Council agrees after the expiry of the maintenance period of 12 months maintenance of works in respect of the Infrastructure Project becomes the responsibility of council. 

6. Section 173 Agreement between Greater Geelong City Council and Paul Stefan Kudilczac and Simone Adele Boer for 21 Pettitt Crescent, Norlane

Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 5 of Planning Permit No. 942/2012 issued on 21-November-2012 which allowed a Three Lot Subdivision.

The purpose of the Agreement is to link the subdivision with the approved development.

This Agreement has been peer reviewed by one of Council’s panel solicitors.

Owner's Obligations

The Owners obligation is to ensure that all development on the land is in accordance with the endorsed plans forming part of Planning Permit 959/2012 (or any amendment to that permit) or any subsequent Planning Permit.

Council Obligations

Nil

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